Criminal Threats

| by sasmatipati@gmail.com

Last Updated on: 2nd October 2023, 05:33 pm

Criminal Threats

Criminal threats, often also called terrorist threats, can be a really serious charge. A criminal threat happens when someone threatens to physically harm or kill someone else[2]. These kinds of threats can be communicated in lots of different ways – written, verbal, electronically, or through another person. The threat doesn’t have to be direct either. Sometimes a defendant’s body language, gestures, or actions are enough to get them charged[2].

To be convicted of making criminal threats, the prosecution has to prove a couple things[2]:

• The defendant threatened to kill or physically injure someone
• The threat was clear and unconditional
• The threat caused the victim to fear for their own safety or their family’s safety
• The defendant intended to communicate the threat

The threat also has to be specific enough that it seems like the defendant is seriously considering carrying it out. Just saying “I’m going to get you” probably wouldn’t be enough for a criminal threat charge. But saying “I’m going to come to your house tonight and hurt you” would likely meet the requirements[3].

Penalties

Criminal threat charges can either be misdemeanors or felonies, depending on the situation[4]. If it’s charged as a felony, that’s really bad news. Felony charges can lead to years in prison. They can also count as strike offenses under California’s three strikes law. That means if you get convicted of two other felonies later on, you’ll face a mandatory life sentence[1].

Some of the factors that make criminal threats more likely to be charged as felonies include[2]:

• The defendant has a criminal record, especially for violence
• The threat was against a public official, like a judge or police officer
• The threat caused a major disruption, like an evacuation
• The victim was actually injured

If charged as misdemeanors, criminal threats can still lead to up to a year in county jail. They can also come with fines of $1,000 or more[4]. So even misdemeanor charges are nothing to mess around with.

Defenses

There are a few common defenses that can be used to fight criminal threat charges:

• The threat was too vague – If the threat wasn’t specific enough about how, when, or where the defendant planned to cause harm, this defense may work[1].
• The threat wasn’t serious – Sometimes people make exaggerated threats out of anger or frustration without seriously planning to go through with them. In cases like this, showing the threat was just an emotional outburst and not real intent can help[2].
• Free speech – The First Amendment protects speech in many cases, even unpopular or offensive speech. But true threats aren’t protected. Drawing the line between free speech and criminal threats can be tricky[2].
• Intoxication – Being under the influence of drugs or alcohol can cast doubt on whether the defendant truly intended their words as a threat. But intoxication is rarely a complete defense[4].

Having an experienced criminal defense lawyer argue one of these defenses can be crucial. The law on criminal threats can be really nuanced, so the details matter a lot.

When are threats criminal?

Not all threats count as criminal threats under the law. For a threat to be a crime, it has to threaten criminal behavior[5]. For example, if someone threatens to sue you, that’s not a crime. But if they threaten to hurt or kill you, that’s potentially criminal.

Some other key factors that make a threat more likely to be criminal include[6]:

• Threatening immediate harm rather than something vague in the future
• Intending for the threat to cause sustained fear in the victim
• Communicating the threat directly to the victim rather than venting to others
• Having the apparent ability to carry out the threat

Figuring out whether a threat counts as criminal can be complicated. Subtle details like exactly what words were used, the context, and the relationship between the people involved can make a big difference. An attorney’s help is often needed to properly assess the situation.

When to Report Threats

If you’re the target of threatening language, it’s generally a good idea to report it. At minimum, creating a record of the threat may help if things escalate. It also gives law enforcement the chance to intervene, hopefully before anything serious happens.

Some good ways to document threats include[2]:

• Saving threatening voicemails, texts, emails, or social media posts
• Writing down the date, time, and details of any verbal threats
• Getting witnesses like friends or family to sign statements about threats they observed
• Filing for restraining orders, which create court records of the threats

If threats seem very immediate or credible, calling 911 is appropriate. For less urgent threats, contacting local police to file a report can still be helpful.

Staying Safe

If you’re being threatened, taking some precautions can help keep you safe:

• Let family and friends know about the situation in case you need help
• Avoid being alone with the person threatening you
• Change your locks if the person has access to your home
• Alter your routine to make your movements less predictable
• Get a home security system or cameras

With criminal threats, an ounce of prevention is worth a pound of cure. Taking threats seriously and reporting them promptly can help prevent them from being carried out.

Dealing with threats can be scary, but you don’t have to handle it alone. Connecting with law enforcement, victim advocates, counselors, and others can help provide support. And if criminal charges occur, an experienced attorney can guide you through the process and advocate for your rights.